NOTICE:
The SMS Engine Web site (the "Web Site") is made up of various Web pages operated by Ngage Software Pty Ltd. The Web Site is offered to you conditional on your acceptance without modification of the terms, conditions and notices contained herein (the "Terms and Conditions"). By using the website this constitutes an agreement by you the user to the Terms and Conditions of this Web Site.
MODIFICATION OF THESE TERMS OF USE:
Ngage Software Pty Ltd reserves the right to change these Terms and Conditions without notice. You are responsible to regularly review these Terms and Conditions. Your continued use of the Web Site constitutes an agreement by you the user to the Terms and Conditions of this Web Site.
PERSONAL AND NON-COMMERCIAL USE LIMITATION:
Unless otherwise specified, the Web Site is for your personal and non-commercial use. You may not modify, copy, distribute, display, perform, reproduce, publish, license, create derivative works from, transfer, retransmit, or sell any information, software, products or services obtained from the Web Site. You may not use any computerised or automatic mechanism, including without limitation, any Web scraper, spider or robot, to access, extract and/or download any information, including without limitation, any currency exchange data, from the Web Site.
LINKS TO THIRD PARTY SITES:
This Web Site may have links to third party Web Sites (non-affiliates of Ngage Software Pty Ltd). Ngage Software Pty Ltd disclaim any liability for the materials, information, services, products and any other such items offered by these non-affiliate sites. Ngage Software Pty Ltd do not under any such circumstances endorse or recommend any other information, materials, products or services that may be offered by the link Web Site. As such Ngage Software Pty Ltd cannot be held responsible for the failure of any product or service that might be offered by the third party Web Site. Further any dealings held between you the user and the third party Web Site are solely between you the user and the third party, Ngage Software Pty Ltd take no responsibility whatsoever.
NO UNLAWFUL OR PROHIBITED USE:
By using this site you agree as the user not to use the Web Site for any unlawful or prohibited acts as described in these Terms and Conditions. You may not use the Web Site in any such manner that could harm the information, products, services or the integrity of this Web Site, the networks connected to the Website, or any third parties use and enjoyment of the site. You may not attempt to gain unauthorised access to the Web Site, other accounts, computer systems or networks connected to the Web Site by any means, including without limitation, hacking or password mining.
USE OF COMMUNICATION SERVICES:
The SMS service offered by this Web Site may not be used to deliver inappropriate, profane, discriminatory, obscene, defamatory, indecent or unlawful messages. Ngage Software Pty Ltd is not obligated to review the SMS messages and their content sent from this site, however, we do reserve the right to terminate your access should you breach the standards stipulated above. Two-way mobile numbers will be changed when sim cards are in a faulted state, they are replaced with new sim card and new numbers.
NO RIGHT TO REDISTRIBUTE WEB SITE MATERIALS:
By entering the Web Site you agree not to redistribute, copy, amend or commercially exploit any material found on the Web Site. Permission must be sought in writing from Ngage Software Pty Ltd.
PRODUCT DISCLAIMER
NGAGE SOFTWARE PTY LTD DOES NOT WARRANT THAT THE TOOLS OR WEB SITE OR ANY CONTENT THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.
THE USE OF THE TOOLS AND WEB SITE IS AT YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING THE TOOLS OR WEB SITE, OR DOWNLOADING ANY CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED: (A) Ngage Software Pty Ltd IS NOT LIABLE FOR LOSS OR DAMAGE OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION OR PRICES (INCLUDING WITHOUT LIMITATION CURRENCY EXCHANGE INFORMATION) PUBLISHED ON OR FURNISHED THROUGH THE TOOLS OR WEB SITE, OR ANY ERRORS OR OMISSIONS OF THE TOOLS OR WEB SITE; (B) Ngage Software Pty Ltd SHALL HAVE NO LIABILITY ARISING FROM ORDERS, INVESTMENT DECISIONS OR PURCHASES OF THIRD PARTY GOODS OR SERVICES (INCLUDING FINANCIAL INSTRUMENTS AND CURRENCY) BASED ON INFORMATION PUBLISHED ON OR FURNISHED THROUGH THE TOOLS OR WEB SITE; AND (C) UNDER NO CIRCUMSTANCES SHALL Ngage Software Pty Ltd OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE, THE TOOLS, WEB SITE, OR ANY CONTENT CONTAINED THEREON, EVEN IF Ngage Software Pty Ltd HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH ANY TOOLS, OR ANY PORTION OF THE WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE TOOLS AND WEB SITE.
INDEMNITY:
You agree to indemnify and hold Ngage Software Pty Ltd, affiliates, directors, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party or arising out of your use of, or conduct on, the Web Site.
COPYRIGHT:
The Web Site and the various products offered are protected by copyright law and international treaty. Should a user wish to company or part of the logo or trademark they may only do so with the express permission of Ngage Software Pty Ltd.
GENERAL:
Your use of the Web Site shall be governed by all applicable laws of Australia and the laws of the State of New South Wales.
MANAGING CREDITS:
Ngage Software has the right to reduce the balance of an account should the credits not be used within a 12-month period of use. Discretion will be used, however, it is the client's responsibility to routinely use the credits within the 12-month period of purchase.